Presentation Transcript

1. The Guyana Example: Environmental Protection Act and Regulations

   Presentation by Teni Housty
2. Structure of Presentation The Environmental Protection Act Relevant Policies and Strategies Pre-Existing and Linked Laws Species Protection Regulations 1999 Drafting and Executions options and process
3. Environmental Protection Act No. 11 of 1996 Definitions – The environment The Agency scope and functions – aligned with many of the components of MEA’s CBD – Focal Point UNDP and GEF partner Incorporation of Core environmental Principles The Power to make regulations
4. EPA in Action
5. Relevant Policies and Strategies National Biodiversity Action Plan (I and II); Mangrove Management Plan; High Conservation Value Forest (HCVF) initiatives; Access and Benefit Sharing Policy; Biodiversity Strategy; NCSA Strategy and Action Plan; National Bio-safety Framework; National Forest Policy; Reduced Emission from Deforestation and Degradation (REDD) Mechanism; National Environmental Action Plan The Guyana Low Carbon Development Strategy
6. Pre-existing and linked laws Amerindian Act No.6 of 2006; The Environmental Protection Act, Act No. 11 of 1996; Fisheries Act 2002, Act 12 of 2002; Forests Act 2009; Forest Policy; Guyana Forestry Commission Act No. 20 of 2007; Income Tax (In Aid of Industry) Act. CAP 81:02; Investment Act, Act No. 1 of 2004; Guyana Energy Agency Act, Act No. 31 of 1997; Pesticides and Toxic Chemicals Act, Act No. 13 of 2000; Iwokrama International Centre for Rain Forest Conservation and Development Act No. 7 of 1996; Kaieteur National Park Act Cap 20:02 as amended; Mining Regulations 2005; Species Protection Regulations 1999; Access and Benefit Sharing Regulations (Draft); Wildlife Conservation and Management Regulations (Draft).
7. Regulations
8. Species Protection Regulations 1999 National Context – Importance of trade in flora and fauna. International Obligations International Challenges Regulations under Framework legislation 1999 Regulations and 2008 Amendment (Wildlife Import and Export) COP rating and Review Scope and Objectives of Regulations
9. Drafting and Execution Process Approach – Legal consultant and specialist Funding and Support – Jacksonville Zoo Research – Convention provisions – COP Decisions – new provisions. Role of CITES Secretariat – Help and Review Consultations and Comments Details and Timing (2008)
10. Specific Issues and Content The convention - Appendices Management and Scientific Authorities Permits , Certificates and Licences Activities – Export, Import, Importation from the Sea, ranching and captive breathing Records Penalties and Enforcement Additional Issues Explanatory Memorandum
11. The Example PART I PRELIMINARY This Part will contain the citation of the regulations and the definitions used in the provisions of the regulations. The definitions contained in regulation 2 will be streamlined, revised and otherwise adjusted to make them convention and nationally relevant. PART II SCOPE This Part will provide for the scope of the regulations and the categories of wildlife to which their protection relate. This part is intended to bring convention species within the purview of the regulations. It and also seeks to maintain and include provisions specific to wildlife in Guyana. Provision is also to be made for incorporation of wildlife into the scope of the regulations by ministerial order. PART III ADMINISTRATION Provisions will be made in this Part for the establishment of the both the Management Authority and Scientific Authority mandated by the Convention. The functions of both authorities will be identified and streamlined. This Part seeks to implement specific provisions of the Convention and decisions of the Conference of Parties of the Convention. PART IV Permit and Certificate This Part of the regulations remains the most comprehensive aspect of the regulations. It is intended to provide a comprehensive framework for permits, certificates and licenses for all activities relating to the wildlife trade regulated by the regulations. These activities include: artificial propagation; captive breeding; ranching, export, import, re-export and introduction from the sea of wildlife. The mechanism established will also create procedures for applications, fees, grant, validity and cancellation of licences, permits and certificates. PART V Keeping of Records
12. Provision – Convention and more/ PART VI Commercial Importers and Exporters PART VII TRANSPORTATION of wildlife This Part includes updated provisions which and intended to incorporate international standards applicable to the transport of wildlife. PART VIII Licencing of Holding Premises PART IX Requirements for OPERATION OF Premises Licenced as Holding Premises PART X Cages PART XI OFFENCES and Penalties PART XII Enforcement
13. Lessons Importance of good communication )written, verbal and non-verbal) and Feed-back with instructing Division Time Important of and necessity for knowledge of Convention Good opportunity for comparative approaches, CITES implemented globally Opportunity to include COP decisions and scientific developments. Public Consultations, Revisions and Feedback The importance Explanatory Memorandum
14. Thank you Thank you
15. Questions and Comments Thank you again.